This June 19th, we remember the sordid racial past of our history and how the United States Constitution had to be amended to correct grave wrongs, in particular, the enslavement of human beings and the denial of their citizenship.
Although the Emancipation Proclamation was issued on January 1, 1863, by President Abraham Lincoln, it wasn’t until June 19, 1865 (two years later) that the news reached the former slaves of Texas. For years Juneteenth, June 19th, has been a day of celebration, created and preserved by African Americans. It wasn’t until June 17, 2021, when President Joe Biden signed the Juneteenth National Independence Act, that Juneteenth was established as a federal holiday.
14th Amendment
Former slaves gained their freedom through the 13th Amendment but they did not obtain their birthright of citizenship. It was not until the 14th Amendment was enacted to correct this wrong. This Juneteenth we are reminded of our history’s sordid racial past and how the U.S. Constitution has had to be amended to correct various wrongs –most notably, that of enslaving human beings and denying them citizenship and personhood. The 13th amendment emancipated those who had been enslaved, but the 14th amendment insured that freed African American former slaves and their offspring would have citizenship rights by virtue of having been born in the United States and its territories.
“Children born in the United States automatically become citizens.” This sentence was added to the 14th amendment in 1868 to right a wrong in our country’s shameful racist history of slavery. This sentence overturned the racist Supreme Court’s decision in Dre Scott v. Sandford of 1857, which stated that “enslaved people were not citizens of the United States and, therefore, could not expect any protection from the federal government or the courts”.
Birthright Citizenship under attack
On Trump’s first day of office in his second administration, January 20, 2025, he signed an executive order that would deny birthright citizenship to children born in the U.S. to: undocumented immigrant parents or those with temporary status such as on a student or tourist visa.
While aimed at immigrants today, the first reference to overturning the 14th Amendment birthrights guarantee was Donald Trump’s 2011 challenge to U.S. born Barack Obama’s right to run as candidate for U.S. President since his father was a black man from Kenya, though his mother was U.S. born white. Referred to as the “birther” movement, this racist lie helped put Trump in the conservative spotlight by stoking racial tensions and promoting divisions. He has successfully manipulated and magnified these concerns in both the 2016 and 2024 Presidential elections.
President Trump’s executive order betrays rights won by the African American enslaved people. Birthright citizenship has been the anchor of US democracy since the end of the bloody Civil War in 1865. It has been the promise and the hope that we are all equal before the law (at least on paper). It has been central to America’s identity in the eyes of the world. The right to citizenship has been earned by the sweat and blood of past generations of enslaved and free workers.
The denial of birthright citizenship creates an underclass
Trump’s aim is to deny a section of the working masses birthright citizenship, i.e. and underclass with no rights, and then use this section against the rest of the workers as they bargain for better wages, health care benefits and their 1st amendment right to free speech. So, while this executive order seems to affect only undocumented children born in the U.S. it’s not so. The Trump administration aims to curtail everyone’s rights so that he can do as he pleases and ultimately enrich himself and the rest of his billionaire class. For example, his false claims that undocumented people are flooding polling booths has served as a banner in his assault on voting rights for the poor, including Afro Americans.
According to lawyers representing 22 states, if the president’s order is allowed to take effect, “children born in the plaintiff states will soon be rendered undocumented, subject to removal or detention, and many stateless. They will be denied their right to travel freely and re-enter the U.S. … They will lose their ability to obtain a Social Security number (SSN) and work lawfully as they grow up. They will be denied their right to vote, serve on juries, and run for certain offices. And they will be placed into positions of instability and insecurity as part of a new, presidentially created underclass in the United States.”
The Resistance
On May 16 the U.S. Supreme Court heard oral arguments and decided to prevent the Trump administration from taking steps to implement the executive order. Although at issue wasn’t birthright. This decision supports actions by state officials and immigration activists around the county.
If the executive order had been allowed, it would of have taken effect after Feb. 19. Although we are still awaiting an official decision from the Supreme Court on the issue.
The debate is whether the executive order stipulated by President Trump is constitutional or not. But on a bigger scale it’s also a fight for our democracy. The assault on birthrights and calls for massive deportations are the opening salvos of a wholesale attack on the living standards and birthrights of all of us as Trump shifts funds from social programs to making the billionaires even more wealthy. Just his actions since his inauguration confirm that he respects no boundaries.
Fortunately, the American people are rising up, joining protests, demanding elected officials particularly from the Democratic Party stand up for them. Most importantly, they are opening their minds and are becoming more receptive to new ideas.
The fourteenth amendment is part of the enduring principles enshrined in the Constitution. It reinforces the foundational values of justice and inclusion that define the United States. It’s time to hold firm to our principles and fulfil the dreams of visionaries before us, including Martin Luther King’s. The American revolutionary Thomas Paine (himself an immigrant) wrote the pamphlet “Common Sense” which helped revolutionaries win their fight against the despot King George III of England, just as we battle another would be king.
Today the challenges are not only bigger but fundamental. Fortunately, the people of this country are meeting the challenges. On June 14, around five millions of people joined hands, marched, and protested to let the so-called king and his court know that this is a democracy, and everyone is welcome, and no human being is illegal.
El Tribuno del Pueblo brings you articles written by individuals or organizations, along with our own reporting. Bylined articles reflect the views of the authors. Unsigned articles reflect the views of the editorial board. Please credit the source when sharing: tribunodelpueblo.org. We’re all volunteers, no paid staff. Please donate at http://tribunodelpueblo.org to keep bringing you the voices of the movement because no human being is illegal.
